Lackawanna City Zoning Code
ARTICLE VI
Additional Use Requirements
§ 230-45 Accessory structures.
[Amended 6-7-2016]
Every building hereafter erected shall be located on a lot as herein defined, and except as herein provided, there shall not be more than one main building and its accessory structures or buildings on one lot, except for nonresidential buildings and multifamily dwellings in districts where such uses are expressly permitted.
All accessory structures shall observe the same yard requirements as principal buildings, except that accessory buildings lying wholly within a rear yard may not be located within five feet of any residential lot line.
In any district, the distance between the main building and the accessory building shall be a minimum of 10 feet.
All accessory structures shall be located in the side or rear yard.
Accessory structures shall not exceed the lot coverage of the principal structure.
§ 230-46 Adult uses.
Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day-care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute to or enhance criminal activity in the area of such uses, nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
[Amended 7-2-2007]
Requirements.
[Amended 7-2-2007]
General. Adult uses, as defined in this chapter, shall be subject to the following general provisions:
Activities classified as obscene, as defined by Minnesota Statutes 617.241, are not permitted and are prohibited.
Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
An adult use which does not qualify as an accessory use shall be classified as an adult use-principal.
Adult uses-principal.
Adult uses both principal and accessory, shall be permitted in the Industrial District and only upon site plan approval.
Adult uses-principal shall be located at least 1,000 radial feet as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
Residentially zoned property.
A licensed day-care center.
A public or private education facility classified as elementary, junior high or senior high.
A public library.
A public park.
Another adult use-principal.
An on-site liquor retail sales establishment.
An historic or scenic resource; historic route or highway; or a civic or cultural facility.
Adult uses-principal shall be located at least 500 radial feet, as measured in a straight line, from one another.
Adult uses-principal shall adhere to the following signing regulations:
Adult use-principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
Adult uses-accessory.
Adult uses-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
Other use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
Adult uses-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
Adult use-accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are permitted.
All building openings, including doors and windows, shall be coated, covered or screened in such a manner as to prevent a view into the establishment from any public street, sidewalk or parking area.
No loudspeakers or sound equipment shall be used by adult uses that can be heard by the public outside the establishment.
§ 230-47 Amusement centers.
§ 230-48 Animal service facilities.
Animal service facilities shall be allowed in the Neighborhood Commercial and Regional Commercial zones subject to site plan review.
All animals shall be retained within a wholly enclosed building during the hours of 6:00 p.m. and 8:00 a.m.
Outdoor animal exercise areas shall be located at least 10 feet from adjacent property lines.
§ 230-49 Attached single-family housing.
Attached single-family housing units shall be permitted in the Mixed Residential District subject to site plan approval.
Attached single-family housing site development plans shall feature:
An average unit size of at least 1,000 square feet with no units less than 750 square feet in size;
Thirty-foot front, rear and side yard setbacks;
Sixty-foot inter-building setbacks;
Twelve-foot setbacks between buildings and common parking areas;
A maximum of four units per continuous structure;
Buildings no longer than 160 feet; measured along the exterior facade of each unit of the structure;
Independent heating, air-conditioning, sewer, water, electricity, gas or other utility services for each dwelling unit;
Rooflines varied at least once for each two dwelling units;
Ground floor living space for all dwelling units;
Individual patios, at least 250 square feet in size and enclosed by a wall, fence or dense hedge; and
Five hundred square feet of common open space developed for active or passive recreation per dwelling unit.
§ 230-50 Auxiliary housing units.
An auxiliary housing unit may be included within a single-family detached dwelling to accommodate not more than two members of the household otherwise occupying the dwelling. At least one of the persons housed in the auxiliary housing unit must be at least 60 years of age or disabled to the extent that independent housing is not practical.
The auxiliary housing unit shall not exceed 50% of the floor area of the habitable space within the principal dwelling unit.
§ 230-51 Cemeteries.
§ 230-52 Unlicensed vehicles.
[Added 5-19-2014; amended 8-21-2018]
No unlicensed or unregistered vehicle shall be stored outdoors for more than 30 days.
The outdoor storage of more than one unlicensed or unregistered vehicle, per parcel, is prohibited.
Unlicensed or unregistered vehicles shall be stored at the rear of the parcel whenever possible.
Unlicensed or unregistered vehicles shall be stored so that said vehicle is not visible from the public right-of-way, whenever possible.
Unlicensed or unregistered vehicles may be temporarily stored at vehicle repair shops or automotive sales businesses which are in compliance with applicable zoning and licensing requirements, pending the repair or sale of such vehicle not to exceed 30 days.
Junk vehicles, for the purpose of this section, shall be defined as any vehicle, including a trailer, which is without a current inspection sticker, insurance valid license plate or plates and/or is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperable or abandoned condition.
A junk vehicle may not be parked, stored outdoors or be visible from a public right-of-way.
§ 230-53 Junkyards.
Junkyards and dumps are prohibited in the City of Lackawanna.
§ 230-54 Mobile homes.
No mobile home shall be parked and/or occupied in any district outside of an approved mobile home park for more than 48 hours.
§ 230-55 Mobile home parks.
Mobile home parks shall be allowed in the Mixed Residential zone subject to site plan approval.
The mobile home park site plan shall feature the following:
A minimum development size of five acres;
A street system shall be provided which gives access to all mobile home spaces with an adequate entrance drive from the public street at least 20 feet wide;
Mobile home lots at least 3,000 square feet in size with a minimum width of 40 feet and a minimum depth of 75 feet;
Mobile homes shall be set back at least 100 feet from public streets, roadways and other property lines; and
No more than 12 mobile home lots per gross acre.
§ 230-56 Satellite receiving antennas.
§ 230-57 Storefront conversions.
The conversion of former storefronts to residential uses shall be permitted in all residential districts subject to site plan approval.
Design.
The conversion shall preserve the building's original proportion of storefront window area to solid areas.
Recessed building entries shall not be converted to enclosed vestibules; this shall not preclude the construction of interior vestibules.
The use of passive solar heating systems by south or southwest facing storefronts is encouraged.
Wrought iron gates and security grills shall be restricted to recessed doorways and inter-building gaps no larger than six feet wide.
Where increased natural ventilation is required by the New York State Building Code, additional natural ventilation may be obtained through:
Materials.
Display window in-fill construction shall utilize those materials found in the building's original design.
The use of insulated glass plate windows is prohibited when windowsill is less than 18 inches from the floor or 18 inches from an entrance.
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§ 230-58 Swimming pools.
Private swimming pools may be erected or installed as an accessory use in all zones.
Swimming pools shall be located at least 10 feet from all property lines and shall not occupy more than 10% of the total lot area.
The private swimming pool, surrounding yard or lot shall be enclosed and fenced; the wall of a principal or accessory building may be used to meet this requirement.
Pool access shall be by way of a self-closing gate that shall remain locked whenever the pool is not under the direct adult supervision; locking devices shall be located at least 3.5 feet above ground level.
Pools equipped with an integral filtration system, filter pumps, lighting or other mechanical devices shall be so located and constructed as to not interfere with the peace, comfort and repose of the occupant of any adjoining property.
§ 230-59 Telecommunications tower facilities.
Telecommunications tower facilities shall be permitted in the Regional Commercial and Industrial Districts subject to site plan review approval.
Telecommunication tower site plans shall comply with the following standards:
Height.
Telecommunications towers shall be no higher than necessary to ensure effective service for the relevant market area.
Telecommunications towers which are visible from any public road or publicly owned property within a half-mile radius shall not exceed 60 feet in height.
Telecommunications towers which are not visible from any public road or publicly owned property within a half-mile radius of the proposed site may be up to 200 feet high.
Telecommunications towers shall be set back a minimum of the height of the tower and a minimum of 500 feet from any residential, school or historic structure.
Telecommunications towers shall be painted a noncontrasting gray or similar color, minimizing its visibility, unless otherwise required by the Federal Communications Commission.
Telecommunications towers shall be screened to minimize visibility from residential areas and the Seaway Trail.
The use of "stealth" technology to make towers resemble common structures such as church steeples, light poles, bell towers, clock towers, gateway elements or monuments is encouraged.
When attached to an existing structure, telecommunications tower construction and equipment shall complement that of the existing structure.
Security fencing shall surround the tower, equipment shelter, and any guy wires.
Towers exceeding 175 feet in height shall be classified as Type I Actions under the State Environmental Quality Review Act and shall require the submission of a long form Environmental Assessment Form, including but not limited to a Visual EAF Addendum for site plan approval.
A communications tower or facility which is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such facility, or the City of Lackawanna at the owner's expense, shall remove the same within 90 days of a receipt of notice from the Zoning Officer.
Towers shall have a designed "failure" point built within the structure at a point not less than mid-height of the tower from ground level.
§ 230-60 Temporary structures.
Only temporary structures and uses incidental to construction work shall be permitted in the City of Lackawanna. All other temporary structures, including seasonal produce stands, are prohibited.
All temporary construction structures shall be removed within seven days of the completion or abandonment of the construction work. No temporary construction structure shall be permitted for more than six months unless otherwise approved by the Planning and Development Board.